General terms and conditions
1. Offers and orders
Our offers are subject to change without notice. If an order is accepted, the following general terms and conditions apply exclusively. If any deviating conditions of the customer exist, these shall only be valid if they are confirmed by us in writing.
2. Prices
Unless otherwise agreed, all prices in our quotations, price lists and order confirmations shall apply from our respective business location. The prices valid on the day of delivery will be charged. Possible packaging and transport costs will be charged additionally.
3. Delivery
Specified delivery dates are non-binding. Partial deliveries are permitted. In case of missed deadlines, the buyer cannot make any claims. Unforeseen hindrances or force majeure exempt the customer from adherence to the agreed deadlines or from the execution of orders at all. Claims for damages against Rumberger Musikinstrumente due to delay or non-performance are excluded if neither intent nor gross negligence exists. If, after acceptance of the order, our company is provided with information about the customer which indicates that our claims are at risk, we shall be entitled to withdraw from the order. In this case the customer has no claims for compensation.
4. Packing and shipping
Delivery takes place from Prutting. Any shipment will be made at the expense and risk of the recipient. If the customer does not wish a special type of shipment, Rumberger Musikinstrumente can arrange the shipment at its discretion.
5. Payment
Unless otherwise agreed, payment has to be made within 8 days after invoicing without any deduction. In the case of shipment of surnames, the costs of surnames shall be borne by the buyer. In the event of an agreement on different terms of payment, we are free to revoke these at any time without stating reasons. In the event of information about a deterioration of the buyer’s financial situation after delivery, we are entitled to demand immediate payment of outstanding invoices. In the event of a delay in payment, we are entitled to charge interest on the sum of the purchase price in the amount of 5% above the respective base interest rate. In addition, all reminder and collection fees are to be reimbursed by the buyer. If Rumberger Musikinstrumente has suffered a verifiably higher damage, we can assert this against the buyer.
6. Retention of title
The goods remain the property of Rumberger Musikinstrumente until full payment of all claims against the customer, including all ancillary claims. The customer is not entitled to resell or offer the goods to third parties until the purchase price has been paid in full. The customer hereby assigns his future claims against the purchaser in the amount of the purchase price agreed between Rumberger Musikinstrumente and the customer, including interest and ancillary claims, to Rumberger Musikinstrumente. Rumberger Musikinstrumente accepts this assignment.
7. Return, complaint and warranty
The customer has the possibility to return the purchased goods to us within 14 days without giving reasons. The goods must be returned or returned to Rumberger Musikinstrumente in proper condition, without any signs of use and free of third party rights. Timely dispatch suffices to comply with the deadline. Software can only be returned if the seal is undamaged. Custom-made products according to the customer’s wishes and notes cannot be returned. Complaints regarding missing or wrongly delivered items must be made within 8 days. In general, a warranty period of 24 months from the date of purchase applies to new products as well as our own products. For used articles we grant a warranty period of 12 months from the date of purchase. Some products are subject to longer manufacturer’s warranty periods if they are specified by the respective manufacturer. Excluded from any warranty are natural wear and tear, defects or damage caused by culpable or improper handling or improper installation. Damage due to the use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by Rumberger Musikinstrumente is also excluded from a warranty. In all other respects, the warranty is based on the statutory provisions. The customer shall only be entitled to warranty claims based on existing transport damage if he has fulfilled his obligation to examine and notify. This does not apply if the customer is a private buyer. If the customer accepts the goods or the subject of the order despite being aware of a defect, he shall only be entitled to warranty claims to the extent described above if he expressly reserves these in writing and without delay after receipt of the goods. Rumberger shall only be liable for damages if there is intent or gross negligence. The provisions of the Product Information Act remain unaffected. In the event of a material breach of the contractual obligation, our liability shall be limited to foreseeable damage.
8. Place of Performance and Jurisdiction
Place of performance for delivery and payment and place of jurisdiction for both contracting parties is Rosenheim, if the customer is a merchant or a Jusrist person. German law applies exclusively.
9. General Information
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. Any further agreements, amendments or supplements must be made in writing.
(January 2007)